By: Bernsen S.B. No. 1271
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for escape committed by certain
1-3 juveniles detained in a secure detention facility or a secure
1-4 correctional facility operated by or under contract with a juvenile
1-5 board.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subsection (c), Section 38.06, Penal Code, is
1-8 amended to read as follows:
1-9 (c) An offense under this section is a felony of the third
1-10 degree if the actor:
1-11 (1) is under arrest for, charged with, or convicted of
1-12 a felony;
1-13 (2) is confined in a secure correctional facility;
1-14 [or]
1-15 (3) is committed to a secure correctional facility, as
1-16 defined by Section 51.02, Family Code, other than a halfway house,
1-17 operated by or under contract with the Texas Youth Commission; or
1-18 (4) is detained in a secure detention facility or a
1-19 secure correctional facility as defined by Section 51.02, Family
1-20 Code, operated by or under contract with a juvenile board.
1-21 SECTION 2. (a) The change in law made by this Act applies
1-22 only to an offense committed or, for the purpose of Title 3, Family
1-23 Code, to conduct that occurs on or after the effective date of this
1-24 Act. For purposes of this section, an offense is committed on or
1-25 after the effective date of this Act if every element of the
2-1 offense occurs on or after that date, and conduct violating a penal
2-2 law of this state occurs on or after the effective date of this Act
2-3 if every element of the violation occurs on or after that date.
2-4 (b) An offense committed before the effective date of this
2-5 Act is covered by the law in effect when the offense was committed,
2-6 and the former law is continued in effect for that purpose.
2-7 Conduct that occurs before the effective date of this Act is
2-8 covered by the law in effect at the time the conduct occurred, and
2-9 the former law is continued in effect for that purpose.
2-10 SECTION 3. This Act takes effect September 1, 2001.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.